Forestry Act, 1946
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Payment of compensation under sections 19 , 20 , 21 and 30 of this Act. |
17.—(1) In this section the expression “mortgaged interest” means any interest, which was immediately before the vesting date subject to any mortgages, in vested land. | |
(2) The following provisions shall apply in respect of compensation for an interest in vested land which is not a mortgaged interest:— | ||
(a) in case, within three months after the final determination, of the compensation, any person applies to the Minister for payment thereof, and satisfies the Minister that he is competent to give an effective discharge therefor, the compensation being regarded for this purpose as the proceeds of a sale of such interest effected immediately before the vesting date, the Minister shall pay the compensation to that person; | ||
(b) in any other case,— | ||
(i) if the compensation does not exceed one thousand pounds, the Minister shall pay it into the Circuit Court and the Circuit Court shall thereupon have with respect thereto all the jurisdiction exercisable by the High Court under the Lands Clauses Acts, | ||
(ii) if the compensation exceeds one thousand pounds, it shall be paid, applied and dealt with in accordance with the provisions of the Lands Clauses Consolidation Act, 1845 , with respect to purchase money or compensation coming to parties having limited interests or prevented from treating or not making title, and those provisions shall have effect accordingly. | ||
(3) The following provisions shall apply in respect of any sum (representing the whole or part of compensation for an interest in vested land which is a mortgaged interest) allocated to a mortgagee under section 32 of this Act:— | ||
(a) in case, within three months after such allocation, any person applies to the Minister for payment thereof and satisfies the Minister that he is competent to give an effective discharge therefor, the Minister shall pay the said sum to that person; | ||
(b) in any other case, subparagraphs (i) and (ii) of paragraph (b) of subsection (2) of this section shall apply in relation to the said sum as the said subparagraphs apply to the compensation referred to therein. | ||
(4) The following provisions shall apply in respect of any sum (representing part of compensation for an interest in vested land which is a mortgaged interest) allocated to the mortgagor under section 32 of this Act:— | ||
(a) in case, within three months after such allocation, any person applies to the Minister for payment thereof and satisfies the Minister that he is competent to give an effective discharge therefor, the said sum being regarded for this purpose as the net proceeds of a sale of such interest effected immediately before the vesting date, the Minister shall pay the said sum to that person; | ||
(b) in any other case, subparagraphs (i) and (ii) of paragraph (b) of subsection (2) of this section shall apply in relation to the said sum as the said subparagraphs apply to the compensation referred to therein. | ||
(5) The following provisions shall apply in respect of compensation payable under sections 19 or 21 of this Act or payable by the Minister under section 20 of this Act:— | ||
(a) in case, within three months after the final determination of the compensation, any person applies to the Minister for payment thereof and satisfies the Minister that he is competent to give an effective discharge therefor, the Minister shall pay the compensation to that person, | ||
(b) in any other case, subparagraphs (i) and (ii) of paragraph (b) of subsection (2) of this section shall apply in relation to the said compensation as the said subparagraphs apply to the compensation referred to therein. | ||
(6) The Minister, if he thinks proper, may, in any particular case, extend the period of three months mentioned in subsections (2), (3), (4) and (5) of this section. | ||
(7) (a) The compensation referred to or part of compensation referred to in subsection (2), (3) or (4) of this section shall bear interest at the rate of three pounds per cent. per annum in respect of the period from the vesting date until the date on which it is paid. | ||
(b) The compensation referred to in subsection (5) of this section shall bear interest at the rate of three pounds per cent. per annum from the date on which the relevant extinguishment order or order under section 20 or 21 of this Act, as the case may be, comes into force to the date on which it is paid. | ||
(8) Where— | ||
(a) the Minister is required by subsections (2), (3), (4) or (5) of this section to pay to any person any sum, and | ||
(b) any money (in this subsection referred to as the State debt) is owing by that person to a Minister of State, the Revenue Commissioners, the Commissioners or the Land Commission, | ||
the Minister may, in lieu of paying the said sum (including interest thereon) to that person, apply the said sum and interest in or towards the payment of the State debt and pay to that person the balance (if any) thereof remaining. | ||
(9) (a) The following provisions shall apply in respect of compensation payable by any person (other than the Minister) under section 20 of this Act:— | ||
(i) in case, within three months after the final determination of the compensation, any person (in this paragraph referred to as the applicant) applies to the person liable to pay the compensation (in this paragraph referred to as the liable person) for payment thereof and satisfies the liable person that the applicant is competent to give an effective discharge therefor, the liable person shall pay the compensation to the applicant, | ||
(ii) in any other case, subparagraphs (i) and (ii) of paragraph (b) of subsection (2) of this section shall apply to the said compensation as the said subparagraphs apply to the compensation referred to therein, and as if the reference therein to the Minister were a reference to the liable person. | ||
(b) The compensation referred to in paragraph (a) of this subsection shall bear interest at the rate of three pounds per cent. per annum from the date on which the relevant order under section 20 of this Act comes into force to the date on which it is paid. | ||
(c) If any person (other than the Minister), who is liable to pay compensation under section 20 of this Act, fails to comply with the provisions of the foregoing paragraphs of this subsection, any person, who is competent to give an effective discharge for such compensation, may recover from such first-mentioned person such compensation and the interest payable thereon under paragraph (b) of this subsection as a simple contract debt in a court of competent jurisdiction. | ||
(10) The payment of compensation or part of compensation and interest in accordance with the foregoing provisions of this section shall be a good discharge therefor. |